Update Jan 1st 2023
TERMS & CONDITIONS
1. GENERAL TERMS
2. THE CONTRACT
3. PRODUCTS
4. PRICES
5. PAYMENT
6. DELIVERY
7. DISCOUNT CODES
8. RIGHT OF WITHDRAWAL
9. COMPLAINTS
10. RETURN PROCEDURE
11. GUARANTEES
12. DATA PRIVACY
13. USE OF WWW.MUSICCENTER.IT WEBSITE
14. COMMUNICATION
15. GOVERNING LAW
16. MODIFICATION AND UPDATE
1. GENERAL TERMS
1.1 The terms and conditions listed below (“Terms and Conditions” apply to on-line sales of goods (collectively, “Products”) on the website www.musiccenter.it by Music Center Srl or any direct or indirect subsidiary of Music Center Srl (individually and collectively, “Seller”) to any person or entity (“Purchaser”). All orders placed to the Seller shall imply the acceptance of such Terms and Conditions and shall be subject to those, unless specifically agreed to in writing by the Seller.
1.2 Website owner is Music Center Srl, legal address: Via dell’Ora del Garda 19, 38121, Trento (TN) – Italy. VAT code: IT 02608340226
2. THE CONTRACT
2.1 Purchase journey on the website allows to verify and modify the order as necessary before finalizing the order placement. We kindly ask the Purchaser to carefully review the order along the purchase journey.
2.2 Once order is placed, you will get a confirmation email along with the respective order ID, which will enable us to assist the Purchaser in case of contact regarding the specific order.
2.3 Order acceptance by the Seller will occur when the shipment confirmation is sent to the Purchaser.
2.4 In case of order not accepted, the Seller will inform the Purchaser in writing within 30 days from the order reception and refund the amount paid for the order. An order not accepted may depend on stock unavailability due to sudden and unavoidable stock of available goods, the detection of incorrect information regarding product price or description, or the inability for the Seller to fulfil the shipment in due course. In any event Seller is not obliged to accept any order from Purchaser.
2.5 Every order placed to the Seller implies full acceptance of the Terms and Conditions and shall be subject to those, unless specifically agreed to in writing by the Seller.
2.6 Products are sold to the Purchaser, logged on the website, identified by the data and information provided upon registration on the website and during the order placement.
2.7 The Purchaser is requested to fill in the data necessary to fulfil the order, such as name or denomination, type of client (i.e., individual, enterprise), VAT identification number, invoicing address, shipping address, e-mail address, phone number and any other information necessary to the Seller to finalize the order fulfilment according to applicable law. Existing clients, in case of any change in information as stated above, shall communicate such change or update the information on the web-site before the Seller processes new orders.
2.8 Sale of Products on the website www.musiccenter.it is intended to intended to individual customers with 18+ years age.
2.9 Purchaser shall not fill in false information during registration, order placement or in any other communication. Seller reserves the right to sue for any violation or abuse.
2.10 Accepting such Terms and Conditions, the Purchaser exempts the Seller from any responsability arising from issuing erroneous invoices and other documents due to erroneous information or data provided by the Purchaser, who remains the sole responsible for the correct information to be provided.
3. PRODUCTS
3.1 Images of Products on the website www.musiccenter.it have illustrative purpose only. Therefore, the Seller is not responsible for potential discrepancy of graphic representation of Products displayed on the website www.musiccenter.it if due to such technical reasons.
3.2 In case of discrepancy between image and product description, product description shall prevail.
3.3 Products on the website www.musiccenter.it fall within 4 categories:
a) Available products: Products can be purchased promptly (the product family “Pads”, given the breadth and high rotation of items, may be subject to stock reassortment technical time);
b) Products available within a defined range of days: Products not immediately available but becoming available shortly, typically for reassortment time from the supplier. Such products will be shipped according to the timeline indicated on the website;
c) Products available upon request: Purchase may contact the Seller via e-mail to the address web@musiccenter.it for such products;
d) Products currently not available: products currently not in stock; Purchaser may contact the Seller to the address web@musiccenter.it for further information on potential reassortment timing or alternative products.
4. PRICES
4.1 All prices on www.musiccenter.it are VAT included (in unlogged navigation they are displayed by default including Italian VAT), unless otherwise specified by the Seller. Prices of Products as well as shipping costs are subject to change at any time without notice. Purchaser shall verify the final price before placing an order. Price validity always refers to the prices displayed on the website at the moment of the order placement.
4.2 Prices and shipping costs, unless otherwise specified by the Seller, do not include duties and any other import taxes, commission or fees, which are due by the Purchaser at the moment of receiving the Products.
5. PAYMENT
5.1 Purchase price as well as the consideration for additional services are to be paid in advance, unless otherwise specified by the Seller.
5.2 Payments by main global credit card networks are accepted (Visa, Mastercard). Payments via Paypal and other e-gateways are generally accepted; nevertheless, Music Center reserves the right to re-charge to buyer fees related to the payment transaction. In case the electronic bank transfer is a payment method specifically accepted by the Seller, banking fees/ expenses related to the transaction shall be wholly born by Purchaser. Order performance occurs only once the payment has been received in our bank account.
5.3 If the Purchaser after the receipt of the shipment, for any reason, decides to return the goods (see point 8 Return of goods), upon successful completion of the return procedure (see point 10 “Return procedure”) the Seller will authorize the financial intermediary to reimburse the applicable amount via the same payment method utilized by the Purchaser.
5.4 At any point in time the Seller is storing information relating to credit cards used for payment, which is transmitted through encrypted protocol directly to the merchant or financial institution. Such information is not stored in the Seller’s database.
5.5 Under no circumstance the Seller can be held accountable for fraudulent use of credit card information by third parties.
6. DELIVERY
6.1 Delivery time displayed on the website www.musiccenter.it is indicative. The Seller aims at delivering all confirmed orders as soon as possible, no later than 30 days after order receipt. Shipment will be performed through one of the main couriers through traceable delivery. Shipment time may vary depending on destination. The Seller shall have no liability for any delay in shipment or delivery unless such delay is due to negligence or willful misconduct.
6.2 Seller typically delivers in all UE countries; orders with extra-EU destination may not be accepted, in such case the Seller will promptly notify to the Purchaser.
6.3 Products will be shipped to the shipping address specified upon order placement.
6.4 Delivery occurs without pre-agreement on date and time, unless agreed upon by the Purchaser directly with the courier.
7. DISCOUNT CODES
7.1 Discount codes by Music Center may be used at check-out; order amount will be updated at that point of the purchase journey.
7.2 Discount codes may not be cumulated, unless otherwise specified.
8. RIGHT OF WITHDRAWAL
8.1 Only in case the Purchaser is an individual consumer and not an enterprise or any other type of entity (nor an individual placing an order for entrepreneurial or other business-related purposes), such Purchaser has Right of Withdrawal, as per art. 52 and ss of the Legislative Decree 206/2005 ( so-called Consumer Code), without penalties and without the need to provide explanation, notifying in written to the Seller within a time limit of 14 days. This time limit begins from the day the Purchaser receives the Products. The ter mis considered fulfilled if the Purchaser returns the Products prior to the expiration of the 14 days time limit.
8.2 To exercise the right of withdrawal, the Purchaser must send the Seller, within 14 days from the date of delivery of the products covered by the purchase order, a written communication by e-mail to the address web@musiccenter.it, or by registered letter with return receipt, inserting the following subject: "Exercise of the right of withdrawal", expressly declaring in the email communication their will to withdraw and providing the following additional information: purchase order number and purchase date; the name and address of the Purchaser; the indication of an e-mail and telephone number of the Purchaser; code of the article or of the items purchased and for which the right of withdrawal is to be exercised. Upon receipt of such communication, the Seller will provide instructions regarding how to execute the return of the Products (see point 10 “RETURN PROCEDURE”).
8.3 Reimbursement can be hold until Products are returned.
8.4 Shipping will be on Purchaser’s charge, who is responsible in case of any damage or loss occurring to the shipment until the Products are received by the Seller.
8.5 Reimbursement occurs within 14 working days from the day the Products are well received by the Seller. The date of the reimbursement becoming visible on the Purchaser’s account may vary depending on external factors not under the Seller’s responsibility. Reimbursement will be made in the same currency of the original purchase, via the same payment method utilized upon order placement. Reimbursement refunds only the purchase price of the returned goods, not covering any shipping cost or other duty, which will stay solely on Purchaser’s charge.
8.6 Pursuant to art. 59, paragraph 1, letter d and e, of the Legislative Decree 206/2005 (so-called Consumer Code), the right of withdrawal is excluded in relation to:
- Custom-made or custom-assembled orders;
- Instruments and accessories getting in touch with saliva, ears (for ex. reeds, mouth-pieces, flutes, ear-phones, head-phones, etc.)
- Sealed software once opened after delivery;
- Sealed goods which cannot be returned for hygienic reasons or for product integrity reasons once opened after delivery.
9. COMPLAINTS
9.1 Upon receipt of the Products, the Purchaser shall check the following:
a) Packaged is undamaged and unopened;
b) The number of items corresponds to the items indicated in the
order confirmation;
c) The items correspond to the items indicated in the order
confirmation.
9.1.1 Damaged or not compliant products: the Seller will take
charge of retrieving such products and send replacement within the shortest possible delay. The Sellers shall not be held responsible for products damaged during the delivery in case the Purchaser fails to notify the Seller within 14 days from Products receipt.
9.1.2 Erroneous delivery of products: the Seller will take charge of retrieving such products and send the correct items within the shortest possible delay. The Purchase shall consign the erroneous products; in case the Purchaser does not consign the products, such products will be charged by the Seller to the Purchaser.
9.2 Non-compliant products: the Purchaser shall notify to the Seller as soon as possible, in any case no later than 14 days from products receipt, sending an email to the e-mail address web@musiccenter.it.
9.3 Return of products will not be accepted without prior authorization by the Seller.
10. RETURN PROCEDURE
10.1 Return procedure implies respecting the following conditions:
a) Products are whole and unused (excluding cases relative to Point 9.1.1);
b) Products have to be returned complete of its components and accessories (incl. Instruction manuals, where applicable);
c) Products have to be returned in the original packaging.
The Seller reserves the right to refuse the acceptance of returned products not complying with the above-listed conditions.
10.2 Returning of products shall be shipped to:
MUSIC CENTER SRL
VIA DELL’ORA DEL GARDA 19
38121 - TRENTO (TN) - ITALIA
11. GUARANTEES
11.1 Pursuant to the Legislative Decree 206/2005 (so-called Consumer Code), all Products sold on the website www.musiccenter.it offer legal guarantee as follows:
a) 24 (twenty-four) months from the receipt of the Products if the Purchaser is a Consumer;
b) 12 (twelve) months from the receipt of the Products if the Purchaser is not a Consumer (subject to the notification by the Purchaser within 8 days from the day the issue is detected).
12. DATA PRIVACY
12.1 The Seller will use Purchaser’s personal data only for the purposes for which they are provided, in compliance with the Privacy Policy available on the website. The Purchaser is requested to consult the Privacy Policy as it contains important information on this subject.
13. USE OF WWW.MUSICCENTER.IT WEBSITE
13.1 Registration, password and safety. If the Purchaser opens an account on www.musiccenter.it will be held responsible for preserving the confidentiality of username and password, as well as all the activities conducted on the website. The Purchaser shall notify immediately to the Seller in case any unauthorized use of the www.musiccenter.it website is discovered or suspected.
13.2 Commitment:
13.2.1 The Purchaser confirms that: (a) all information is truthful, accurate and updated. To update or amend any personal information the Purchaser shall contact the Seller at the e-mail address web@musiccenter.it; (b) the Purchaser will respect the restriction on the use of the website as set in the Terms and Conditions.
13.2.2 The Purchaser accepts to: (a) not use the website for illegal purposes and to not interrupt, damage or jeopardize the functionality of the website; (b) not access or violate accounts relating to other Purchasers and to not violate the safety measures of the website.
13.2.3 The Purchaser accepts to indemnify the Seller in case: (a) the Seller will face legal pursuit as a consequence of violation of such Terms and Conditions by the Purchaser; and/or (b) the Sellers acts with negligence or harmful purpose in the use of the website.
13.3 Rights:
13.3.1 The Seller reserves the right to suspend, limit or terminate the access to the website or to parts of the website at any moment without prior notification.
13.3.2 The Seller is sole owner or licensor of the design, content and software of the website. The use of the www.musiccenter.it website does not grant any right relating to the Seller’s intellectual property or third parties’ intellectual property relative to the website.
13.3.3 It is not allowed to copy, replicate, republish, download, transmit, record, exploit, modify or distribute web pages or any material displayed on the web site, or the item codes displayed on the website (unless for internal use).
13.3.4 Any use of the website different from the allowed utilization strictly requires preventive and explicit consent by the Seller.
14. COMMUNICATION
14.1 The Purchaser acknowledges, accepts and consents that all communication, notifications and documents will be sent on the e-mail address indicated during the registration on the website (or to the updated email, if previously communicated to the Seller), and can be downloaded on data storage supports to the extents foreseen by the Privacy Policy of Music Center Srl.
15. GOVERNING LAW
15.1 The place of jurisdiction shall be the Court of Trento for commercial matters. The contractual relationship shall be governed exclusively by Italian law.
16. MODIFICATION AND UPDATE
16.1 The Seller can modify or amend the present Terms and Conditions at any moment without prior notification. Therefore, the Purchaser is required to accept the Terms and Conditions valid at the date of the order placement. Any modification or update on Terms and Conditions will become valid from that date onwards, without retro-activity on previous orders.